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HomeMy WebLinkAbout16130 ORD - 03/18/1981JD:jkh:3-18-81;lst ' C , AN ORDINANCE AMENDING EXHIBIT 1 OF ORDINANCE NO. 16042 PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 18, 1981, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH SOUTHWESTERN REFINING COMPANY, INC., FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981, CLARIFYING CITY'S OBLIGATION TO CONTINUE SERVICES IN AN INDUSTRIAL DISTRICT; ELIMINATING QUALIFICATIONS FOR CON- SIDERING NEW IMPROVEMENTS AT LESS THAN 50% OF MARKET VALUE; PROVIDING FOR FUTURE ANNEXATION CORRIDORS; ELIMI- NATING THE EXPIRATION DATE OF AN INDUSTRIAL DISTRICT AGREE- MENT AS A CRITERION FOR DETERMINING WHEN AN AGREEMENT CAN BE TERMINATED OR AMENDED TO CONTAIN MORE FAVORABLE IN LIEU OF TAX PAYMENT TERMS WHICH HAVE BEEN GRANTED TO A SIMILAR INDUSTRY; REFERRING TO ORDINANCE NO. 15949 DESIGNATING AREAS AS CORPUS CHRISTI INDUSTRIAL DEVELOP- MENT AREAS NO. 1 AND 2; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. -That the sentence comprising the second paragraph of Article I of Exhibit 1 of Ordinance No. 16042 be amended to hereafter read as follows: - "During the term hereof City shall have no obligation to extend to r said land any City services except fire protection in the event Company makes additional payments to City under Article III(d) hereof, and such other City services as are being provided to and paid for by Company on the date hereof." SECTION 2. That the first sentence of Article III(c) of Exhibit 1 be amended to hereafter read as follows: "With respect to any new improvements or facilities, which are hereby defined as those being completed after January 1, 1974, Company shall pay to City five percent (5%) rather than the percentages of the amount of ad valorem taxes as calculated in paragraph (b) above for each year of use, i.e., 10% the second year in use, 15% the third year in use, etc." SECTION 3. That the sentence comprising Article XII of Exhibit 1 be amended to hereafter read as follows: "If City enters into an agreement with any other landowner, within the extraterritorial jurisdiction of the City, engaged 16130 UNWED SEP 2 71984 be in a similar industry, as classified by Major Group according to the Standard Industrial Classification Manual(1) or enters into a renewal of any existing industrial district agreement with an industry of the same classification which contains in lieu of tax payment terms and provisions more favorable to such landowner than those in this Agreement, Company and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain such more favorable in lieu of tax payment terms and provisions. (1)Standard Industrial Classification Manual. (Executive Office of the President - Office of Management and Budget, Statistical Policy Division, 1972). 659 pp." SECTION 4. That the first paragraph of Article I of Exhibit amended to hereafter read as follows: "City covenants and agrees that during the term of this Agreement, and subject to the terms and provisions hereof, said land shall retain its extraterritorial status as an industrial district and shall continue to retain such status until and unless the same is changed pursuant to the terms of this Agreement. Except as herein provided City further covenants and agrees that said land shall be immune from annexation. 1 Whenever it may be necessary, in the opinion of the City Council, to annex land not immune from annexation by an effective industrial district agreement pursuant to Ordinance No. 15898, and in order to carry out such annexa- tion it is necessary, in the opinion of the City Council, to annex a strip or corridor of land contained within Exhibit 'A', Company shall designate, within sixty (60) days after the City sends Company written request to provide such strip or corridor, a strip or corridor (hereinafter called "annexation -2- corridor`) in a width and length legally sufficient to accomplish a contractual annexation of the annexation corridor pursuant to Article I, Section 2 of the City Charter of Corpus Christi and to enable the City to annex the afore- mentioned land not immune from annexation. Said annexation corridor shall thereafter be included within the corporate boundaries of the City of Corpus Christi, and shall become a part thereof, subject to the terms of Article I, Section 2 of the City Charter or Corpus Christi, as amended. In the event that Company fails or refuses to make such designation legally sufficient to accomplish such purpose, the City may, at its option, either (1) terminate this industrial district agreement and any guarantee of immunity from annexation shall thereafter be void, or (2) seek a mandatory injunction from any court of competent jurisdiction to compel Company to make such designation and perform such other acts as may be necessary, for the City to annex said annexation corridor pursuant to this agreement and to Article I, Section 2 of the City Charter, or both." SECTION 5. That the first sentence of Article VI(c) of Exhibit 1 be amended to hereafter read as follows: "In the event City breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the said land, except as provided in Article I of this Agreement, Company shall be entitled to enjoin City from the date of its breach for the balance of the'term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement." SECTION 6. That Article III(f) of Exhibit 1 be amended to here- after read as follows: "(f) Minimum Payments. For any Company which qualifies as an industry under Ordinance No. 15898 and which has less than two million dollars ($2,000,000.00) in market value of improvements on said land subject to this agreement, such Company, in lieu of the payments in items (a), (b), -3- (c), (d) and (e) above, shall pay the lower of: (i) an amount in lieu of taxes on said land equal to one hundred percent (100%) of the amount of ad valorem taxes based on the market value of said land which would be payable to City if said land were situated within the city limits, plus an amount equal to one hundred percent (100%) of the ad valorem taxes on one million dollars ($1,000,000.00) of improvements which would be payable to City if said improvements were situated within the city limits, regardless of whether one million dollars ($1,000,000.00) ' of improvements exist on said land, or (ii) the amount of ad valorem taxes on land, improve- ments and personal property on said land which would be payable to City if said land, improvements and personal property were situated within the city limits of City, plus an amount in lieu of city sales tax equal to that which would be remitted to the State Comptroller annually by Company, and which would later be remitted to City by the State Comptroller, if said land were situated within the city limits.", SECTION 7. That the third "WHEREAS" clause on the first page of Exhibit 1 be amended to hereafter read as follows: "WHEREAS, pursuant to said policy and the provisions of Article 970a, Revised Civil Statutes of Texas, known as the Municipal Annexation Act, City has enacted Ordinance No. 15898 indicating its willingness, within 90 days after final passage of said ordinance, to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating areas located in its extraterritorial jurisdiction as industrial districts, herein collectively called 'Districts' and Ordinance No. 15949 designating land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and". SECTION 8. That the necessity for amending Ordinance No. 16042 in order to offer an amendment to the Agreement with Southwestern Refining Company, Inc., at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolutoin shall be read at three several meetings of the City Council, and the Mayor, having declared that such emergency and necessity exist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /1 day of March, 1981. ATTEST: Zi420 ity ecretary4421? APPROV4EO: �$ DAY OF MARCH, 1981: J. BRUCE AYCOCK', CITY ATTORNEY �/i MAYOR T E CIT 'OF CORPUS CHRISTI, TEXAS Corpus Christi, exas /g. day of , 19 B 1 . 'TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYO • The Charter rule was suspend Luther Jones Edward L. Sample Dr_ Jack Best Jack K.'Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky THE CI OF CORPUS CHRISTI, TEXAS by the following vote: The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy aft) Leopoldo Luna • J Betty N. -Turner Cliff Zarsky • by the L) following vote: 16130